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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano

COVERAGE 1 both domestic and foreign markets.


However, the State shall protect Filipino
enterprises against unfair foreign
competition and trade practices.
I. Relevant Constitutional Provisions
In the pursuit of these goals, all sectors of
1987 Constitution the economy and all regions of the
country shall be given optimum
opportunity to develop. Private
enterprises, including corporations,
Article 2 cooperatives, and similar collective
organizations, shall be encouraged to
SECTION 15. The State shall protect and broaden the base of their ownership.
promote the right to health of the people
and instill health consciousness among
them.
SECTION 2. All lands of the public domain,
SECTION 16. The State shall protect and waters, minerals, coal, petroleum, and
advance the right of the people to a other mineral oils, all forces of potential
balanced and healthful ecology in accord energy, fisheries, forests or timber,
with the rhythm and harmony of nature. wildlife, flora and fauna, and other natural
resources are owned by the State. With
the exception of agricultural lands, all
other natural resources shall not be
Article 12 alienated. The exploration, development,
and utilization of natural resources shall
National Economy and Patrimony be under the full control and supervision
of the State. The State may directly
undertake such activities, or it may enter
into co-production, joint venture, or
production-sharing agreements with
SECTION 1. The goals of the national
Filipino citizens, or corporations or
economy are a more equitable distribution
associations at least sixty per centum of
of opportunities, income, and wealth; a
whose capital is owned by such citizens.
sustained increase in the amount of goods
Such agreements may be for a period not
and services produced by the nation for
exceeding twenty-five years, renewable
the benefit of the people; and an
for not more than twenty-five years, and
expanding productivity as the key to
under such terms and conditions as may
raising the quality of life for all, especially
be provided by law. In cases of water
the underprivileged.
rights for irrigation, water supply,
fisheries, or industrial uses other than the
The State shall promote industrialization
development of water power, beneficial
and full employment based on sound
use may be the measure and limit of the
agricultural development and agrarian
grant.
reform, through industries that make full
and efficient use of human and natural
The State shall protect the nations marine
resources, and which are competitive in
wealth in its archipelagic waters, territorial

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
sea, and exclusive economic zone, and acquire not more than twelve hectares
reserve its use and enjoyment exclusively thereof by purchase, homestead, or grant.
to Filipino citizens.
Taking into account the requirements of
The Congress may, by law, allow small- conservation, ecology, and development,
scale utilization of natural resources by and subject to the requirements of
Filipino citizens, as well as cooperative fish agrarian reform, the Congress shall
farming, with priority to subsistence determine, by law, the size of lands of the
fishermen and fishworkers in rivers, lakes, public domain which may be acquired,
bays, and lagoons. developed, held, or leased and the
conditions therefor.
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and SECTION 4. The Congress shall, as soon as
utilization of minerals, petroleum, and possible, determine by law the specific
other mineral oils according to the general limits of forest lands and national parks,
terms and conditions provided by law, marking clearly their boundaries on the
based on real contributions to the ground. Thereafter, such forest lands and
economic growth and general welfare of national parks shall be conserved and may
the country. In such agreements, the State not be increased nor diminished, except
shall promote the development and use of by law. The Congress shall provide, for
local scientific and technical resources. such period as it may determine,
measures to prohibit logging in
The President shall notify the Congress of endangered forests and watershed areas.
every contract entered into in accordance
with this provision, within thirty days from
its execution.
SECTION 5. The State, subject to the
provisions of this Constitution and national
development policies and programs, shall
SECTION 3. Lands of the public domain are protect the rights of indigenous cultural
classified into agricultural, forest or communities to their ancestral lands to
timber, mineral lands, and national parks. ensure their economic, social, and cultural
Agricultural lands of the public domain well-being.
may be further classified by law according
to the uses which they may be devoted. The Congress may provide for the
Alienable lands of the public domain shall applicability of customary laws governing
be limited to agricultural lands. Private property rights or relations in determining
corporations or associations may not hold the ownership and extent of ancestral
such alienable lands of the public domain domain.
except by lease, for a period not
exceeding twenty-five years, renewable
for not more than twenty-five years, and
not to exceed one thousand hectares in SECTION 6. The use of property bears a
area. Citizens of the Philippines may lease social function, and all economic agents
not more than five hundred hectares, or shall contribute to the common good.
Individuals and private groups, including

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
corporations, cooperatives, and similar SECTION 10. The Congress shall, upon
collective organizations, shall have the recommendation of the economic and
right to own, establish, and operate planning agency, when the national
economic enterprises, subject to the duty interest dictates, reserve to citizens of the
of the State to promote distributive justice Philippines or to corporations or
and to intervene when the common good associations at least sixty per centum of
so demands. whose capital is owned by such citizens, or
such higher percentage as Congress may
prescribe, certain areas of investments.
The Congress shall enact measures that
SECTION 7. Save in cases of hereditary will encourage the formation and
succession, no private lands shall be operation of enterprises whose capital is
transferred or conveyed except to wholly owned by Filipinos.
individuals, corporations, or associations
qualified to acquire or hold lands of the In the grant of rights, privileges, and
public domain. concessions covering the national
economy and patrimony, the State shall
give preference to qualified Filipinos.

SECTION 8. Notwithstanding the provisions The State shall regulate and exercise
of Section 7 of this Article, a natural-born authority over foreign investments within
citizen of the Philippines who has lost his its national jurisdiction and in accordance
Philippine citizenship may be a transferee with its national goals and priorities.
of private lands, subject to limitations
provided by law.

SECTION 11. No franchise, certificate, or


any other form of authorization for the
SECTION 9. The Congress may establish operation of a public utility shall be
an independent economic and planning granted except to citizens of the
agency headed by the President, which Philippines or to corporations or
shall, after consultations with the associations organized under the laws of
appropriate public agencies, various the Philippines at least sixty per centum of
private sectors, and local government whose capital is owned by such citizens,
units, recommend to Congress, and nor shall such franchise, certificate, or
implement continuing integrated and authorization be exclusive in character or
coordinated programs and policies for for a longer period than fifty years. Neither
national development. shall any such franchise or right be
granted except under the condition that it
Until the Congress provides otherwise, the shall be subject to amendment, alteration,
National Economic and Development or repeal by the Congress when the
Authority shall function as the common good so requires. The State shall
independent planning agency of the encourage equity participation in public
government. utilities by the general public. The
participation of foreign investors in the
governing body of any public utility
enterprise shall be limited to their
proportionate share in its capital, and all

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
the executive and managing officers of SECTION 16. The Congress shall not,
such corporation or association must be except by general law, provide for the
citizens of the Philippines. formation, organization, or regulation of
private corporations. Government-owned
or controlled corporations may be created
or established by special charters in the
SECTION 12. The State shall promote the interest of the common good and subject
preferential use of Filipino labor, domestic to the test of economic viability.
materials and locally produced goods, and
adopt measures that help make them
competitive.
SECTION 17. In times of national
emergency, when the public interest so
requires, the State may, during the
emergency and under reasonable terms
prescribed by it, temporarily take over or
SECTION 13. The State shall pursue a direct the operation of any privately
trade policy that serves the general owned public utility or business affected
welfare and utilizes all forms and with public interest.
arrangements of exchange on the basis of
equality and reciprocity.

SECTION 18. The State may, in the


interest of national welfare or defense,
SECTION 14. The sustained development establish and operate vital industries and,
of a reservoir of national talents consisting upon payment of just compensation,
of Filipino scientists, entrepreneurs, transfer to public ownership utilities and
professionals, managers, high-level other private enterprises to be operated
technical manpower and skilled workers by the Government.
and craftsmen in all fields shall be
promoted by the State. The State shall
encourage appropriate technology and
regulate its transfer for the national SECTION 19. The State shall regulate or
benefit. prohibit monopolies when the public
interest so requires. No combinations in
The practice of all professions in the restraint of trade or unfair competition
Philippines shall be limited to Filipino shall be allowed.
citizens, save in cases prescribed by law.

SECTION 20. The Congress shall establish


SECTION 15. The Congress shall create an an independent central monetary
agency to promote the viability and authority, the members of whose
growth of cooperatives as instruments for governing board must be natural-born
social justice and economic development. Filipino citizens, of known probity,
integrity, and patriotism, the majority of
whom shall come from the private sector.
They shall also be subject to such other

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
qualifications and disabilities as may be
prescribed by law. The authority shall
provide policy direction in the areas of
money, banking, and credit. It shall have
supervision over the operations of banks
and exercise such regulatory powers as
may be provided by law over the
operations of finance companies and other
institutions performing similar functions.

Until the Congress otherwise provides, the


Central Bank of the Philippines, operating
under existing laws, shall function as the
central monetary authority.

SECTION 21. Foreign loans may only be


incurred in accordance with law and the
regulation of the monetary authority.
Information on foreign loans obtained or
guaranteed by the Government shall be
made available to the public.

SECTION 22. Acts which circumvent or


negate any of the provisions of this Article
shall be considered inimical to the national
interest and subject to criminal and civil
sanctions, as may be provided by law.

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano

II. Philippine Environmental Policy Section 1. Policy. It is hereby declared a


continuing policy of the State (a) to create,
PRESIDENTIAL DECREE No. 1151 develop, maintain and improve conditions
under which man and nature can thrive in
productive and enjoyable harmony with
each other, (b) to fulfill the social,
PHILIPPINE ENVIRONMENTAL POLICY economic and other requirements of
present and future generations of Filipinos,
and (c) to insure the attainment of an
environmental quality that is conducive to
WHEREAS, the individual and, at times, a life of dignity and well-being.
conflicting, demands of population growth,
urbanization, industrial expansion, rapid
natural resources utilization and
increasing technological advances have Section 2. Goal. In pursuing this policy, it
resulted in a piecemeal-approach concept shall be the responsibility of the
of environmental protection; Government, in cooperation with
concerned private organizations and
entities, to use all practicable means,
consistent with other essential
WHEREAS, such tunnel-vision concept is considerations of national policy, in
not conducive to the attainment of an promoting the general welfare to the end
ideal environmental situation where man that the Nation may (a) recognize,
and nature can thrive in harmony with one discharge and fulfill the responsibilities of
another; and each generation as trustee and guardian
of the environment for succeeding
generations, (b) assure the people of a
safe, decent, healthful, productive and
WHEREAS, there is now an urgent need to aesthetic environment, (c) encourage the
formulate an intensive, integrated widest exploitation of the environment
program of environmental protection that without degrading it, or endangering
will bring about a concerted effort towards human life, health and safety or creating
the protection of the entire spectrum of conditions adverse to agriculture,
the environment through a requirement of commerce and industry, (d) preserve
environmental impact assessments and important historic and cultural aspects of
statements: the Philippine heritage, (e) attain a
rational and orderly balance between
population and resource use, and (f)
improve the utilization of renewable and
non-renewable resources.
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the
Constitution, do hereby order and decree:
Section 3. Right to a Healthy Environment.
In furtherance of these goals and policies,
the Government recognizes the right of
the people to a healthful environment. It

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
shall be the duty and responsibility of
each individual to contribute to the
preservation and enhancement of the Before an environmental impact
Philippine environment. statement is issued by a lead agency, all
agencies having jurisdiction over, or
special expertise on, the subject matter
involved shall comment on the draft
Section 4. Environmental Impact environmental impact statement made by
Statements. Pursuant to the above the lead agency within thirty (30) days
enunciated policies and goals, all agencies from receipt of the same.
and instrumentalities of the national
government, including government-owned
or controlled corporations, as well as
private corporations firms and entities Section 5. Agency Guidelines. The
shall prepare, file and include in every different agencies charged with
action, project or undertaking which environmental protection as enumerated
significantly affects the quality of the in Letter of Instruction No. 422 shall,
environment a detail statement on within sixty (60) days from the effectivity
of this Decree, submit to the National
Environmental Protection Council (NEPC),
their respective guidelines, rules and
(a) the environmental impact of the regulations to carry out the provisions of
proposed action, project or undertaking Sec. 4 hereof on environmental impact
assessments and statements.

(b) any adverse environmental effect


which cannot be avoided should the Section 6. Repealing Clause. All Acts,
proposal be implemented; Presidential Decrees, executive orders,
rules and regulations or parts thereof
which are inconsistent with the provisions
of this Decree are hereby repealed,
(c) alternative to the proposed action; amended or modified accordingly.

(d) a determination that the short-term Section 7. Effectivity. This Decree shall
uses of the resources of the environment take effect immediately.
are consistent with the maintenance and
enhancement of the long-term
productivity of the same; and
Done in the City of Manila this 6th day of
June in the year of Our Lord, nineteen
hundred and seventy-nine.
(e) whenever a proposal involve the use of
depletable or non-renewable resources, a
finding must be made that such use and
commitment are warranted. 1. PRESIDENTIAL DECREE No. 1586

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ESTABLISHING AN ENVIRONMENTAL which significantly affect the quality of the
IMPACT STATEMENT SYSTEM, environment.
INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES Section 8. Rules and Regulations. The
AND FOR OTHER PURPOSES National Environmental Protection Council
shall issue the necessary rules and
regulations to implement this Decree. For
this purpose, the National Pollution Control
WHEREAS, the pursuit of a comprehensive Commission may be availed of as one of
and integrated environment protection its implementing arms, consistent with the
program necessitates the establishment powers and responsibilities of the National
and institutionalization of a system Pollution Control Commission as provided
whereby the exigencies of socio-economic in P.D. No. 984.
undertakings can be reconciled with the
requirements of environmental quality;

WHEREAS, the regulatory requirements of Section 9. Penalty for Violation. Any


environmental Impact Statements and person, corporation or partnership found
Assessments instituted in pursuit of this violating Section 4 of this Decree, or the
national environmental protection terms and conditions in the issuance of
program have to be worked into their full the Environmental Compliance Certificate,
regulatory and procedural details in a or of the standards, rules and regulations
manner consistent with the goals of the issued by the National Environmental
program. Protection Council pursuant to this Decree
shall be punished by the suspension or
cancellation of his/its certificate or and/or
a fine in an amount not to exceed Fifty
Section 1. Policy. It is hereby declared the Thousand Pesos (P50,000.00) for every
policy of the State to attain and maintain a violation thereof, at the discretion of the
rational and orderly balance between National Environmental Protection Council.
socio-economic growth and environmental
protection.

2. Par I, Sec 62. Title VI of Philippine


Environment Code
Section 2. Environmental Impact
Statement System. There is hereby Ambient Air Quality means the average
established an Environmental Impact atmospheric purity as distinguished from
Statement System founded and based on discharge measurements taken at the
the environmental impact statement source of pollution. It is the general
required, under Section 4 of Presidential amount of pollution present in a broad
Decree No. 1151, of all agencies and area.
instrumentalities of the national
government, including government-owned
or controlled corporations, as well as
private corporations, firms and entities, for 3. Implementing Rules of PD 1586
every proposed project and undertaking
Article I

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
Sec 3 Definition of Terms : the project proponent and/or EIA
Consultant that serves as an application
*Environment - Surrounding air, water for an
(both ground and surface), land, flora,
ECC. It is a comprehensive study of the
fauna, humans and their interrelations. significant impacts of a project on the

*Project or Undertaking - any activity, environment. It includes an Environmental


regardless of scale or magnitude, which Management Plan/Program that the

may have significant impact on the proponent will fund and implement to
environment. protect the environment.

* Environmental Compliance
Certificate (ECC)- document issued by
the Section 3 Functions of Lead Agencies
Determination of Lead Agency. The
DENR/EMB after a positive review of an Minister of Human Settlements or his
designated representative is hereby
ECC application, certifying that based
authorized to name the lead agencies
referred to in Section 4 of Presidential
on the representations of the proponent, Decree No. 1151 which shall have
the proposed project or undertaking will jurisdiction to undertake the preparation
of the necessary environmental impact
not cause significant negative: statements on declared environmentally
critical projects and areas. All
environmental impact. The ECC also
Environmental Impact Statements shall be
certifies that submitted to the National Environmental
Protection Council for review and
the proponent has complied with all the evaluation.
requirements of the EIS System and has
Sec 6 and 7 Rights and obligations of
interested parties and duties and
committed to implement its approved
responsibilities of a project
Environmental Management Plan. The ECC proponent
Section 6. Appeal
contains specific measures and conditions Any party aggrieved by the final decision
that the project proponent has to on the ECC / CNC applications may, within
15 days from receipt of such decision, file
an appeal on the following grounds:
undertake before and during the operation
of a project, and in some cases, during a. Grave abuse of discretion on the part of
the deciding authority, or
the project's abandonment phase to b. Serious errors in the review findings.
mitigate identified environmental impacts.
The DENR may adopt alternative
conflict/dispute resolution procedures as a
* Environmental Impact Statement
means to settle grievances between
(EIS) - document, prepared and submitted proponents and aggrieved parties to avert
by unnecessary legal action. Frivolous
appeals shall not be countenanced.

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
The proponent or any stakeholder may file
an appeal to the following:

Deciding Authority Where to file the


appeal
EMB Regional Office Director Office of the
EMB Director
EMB Central Office Office of the DENR
Secretary
DENR Secretary Office of the President

Section 7. The EIA Process in Relation to


the Project Planning Cycle
Proponents are directed under AO 42 to
conduct simultaneously the environmental
impact study and the project planning or
feasibility study. EMB may validate
whether or not the EIS was integrated with
project planning by requiring relevant
documentary proofs, such as the terms of
reference for the feasibility study and
copies of the feasibility study report.

The EMB shall study the potential


application of EIA to policy-based
undertakings as a further step toward
integrating and streamlining the EIS
system.

Sec 1. c. Project proponents are responsible for


determining and disclosing all relevant information
necessary for a methodical ' assessment of the
environmental impacts of their projects;

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ARTICLE II Declaration of a. tapped for domestic purposes;;
Environmentally Critical Projects or b. within the controlled and/or protected
Areas areas declared by appropriate authorities;
c. which support wildlife and fishery
PROCLAMATION NO. 2146 of 1981 activities.
A. Environmentally Critical Projects 11. Mangrove areas characterized by one
I. Heavy Industries or any combination or the following
a.Non-ferrous metal industries conditions:chanroblesvirtuallawlibrary
b. Iron and steel mills a. with primary pristine and dense young
c.Petroleum and petro-chemical industries growth;
including oil and gas b. adjoining mouth of major river systems;
d. Smelting plants c. near or adjacent to traditional
II. Resource Extractive Industries productive fry or fishing grounds;
a.Major mining and quarrying projects d. which act as natural buffers against
b. Forestry projects shore erosion, strong winds and storm
1. Logging floods;
2. Major wood processing projects e. on which people are dependent for their
3. Introduction of fauna (exotic-animals) in livelihood.
public/private forests 12. Coral reef characterized by one or any
4. Forest occupancy combination of the following
5.Extraction of mangrove products conditions:chanroblesvirtuallawlibrary
6. Grazing a. with 50% and above live coralline cover;
c. Fishery Projects b. Spawning and nursery grounds for fish;
1. Dikes for fishpond development projects c. Which act as natural breakwater of
III. Infrastructure Projects coastlines.
a. Major dams Section 1. Basic Policy and Operating
b. Major power plants (fossil-fueled, Principles
nuclear fueled, hydroelectric or Consistent with the principles of
geothermal) sustainable development, it is the policy of
c. Major reclamation projects the DENR to
d. Major roads and bridges. implement a systems-oriented and
B. Environmentally Critical Areas integrated approach to the LIS system to
1. All areas declared by law as national ensure a
parks, watershed reserves, wildlife rational balance between socio-economic
preserves and sanctuaries; development and environmental
2. Areas set aside as aesthetic potential protection for
tourist spots; the benefit of present and future
3. Areas which constitute the habitat for generations.
any endangered or threatened species of The following are the key operating
indigenous Philippine Wildlife (flora and principles in the implementation of the
fauna); Philippine
4. Areas of unique historic, EIS System:
archaeological , or scientific interests; a. The EIS System is concerned primarily
5. Areas which are traditionally occupied with assessing the direct and indirect
by cultural communities or tribes; impacts of a project on the biophysical
6. Areas frequently visited and/or hard-hit and human environment and ensuring
by natural calamities geologic hazards, that
floods, typhoons, volcanic activity, etc. these impacts P re addressed by
7. Areas with critical slopes; appropriate environmental protection and
8. Areas classified as prime agricultural enhancement measures.
lands; b. The EIS System aids proponents in
9. Recharged areas of aquifers; incorporating environmental
10. Water bodies characterized by one or considerations in
any combination of the following
conditions;;

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
planning their projects as well as in The EMB Director or the EMB-RD may
determining the environment's impact on issue a Cease and Desist Order (CDO)
their based on violations under the Philippine
project. EIS System to prevent grave or irreparable
c. Project proponents are responsible for damage to the environment. Such CDO
determining and disclosing all relevant shall be effective immediately. An appeal
information necessary for a methodical ' or any motion seeking to lift the CDO shall
assessment of the environmental impacts not stay its effectivity. However, the DENR
of their projects; shall act on such appeal or motion within
d. The review of the EIS by EMB shall be ten (10) working days from filing.
guided by three general criteria: (1) that
environmental considerations are The EMB may publish the identities of
integrated into the overall project firms that are in violation of the EIA Law
planning, (2) and its Implementing Rules and
that the assessment is technically sound Regulations despite repeated Notices of
and proposed Violation and/or Cease and Desist Orders.
environmental mitigation, measures are
effective, and (3) that , social
acceptability is based on informed public PD 1586 Section 9. Penalty for
participation; Violation. Any person, corporation or
e. Effective regulatory review of the EIS partnership found violating Section 4 of
depends largely on timely full; and
this Decree, or the terms and conditions in
accurate disclosure of relevant:
information by project proponents and, the issuance of the Environmental
other Compliance Certificate, or of the
stakeholders in the EIA process standards, rules and regulations issued by
f. The social acceptability of a project is a the National Environmental Protection
result of meaningful public participation, Council pursuant to this Decree shall be
which shall be assessed as part of the punished by the suspension or
Environmental Compliance Certificate
cancellation of his/its certificate or and/or
(ECC) application, based on concerns
related to the project's environmental a fine in an amount not to exceed Fifty
impacts; Thousand Pesos (P50,000.00) for every
g. The timelines prescribed by this Order, violation thereof, at the discretion of the
within which an Environmental - National Environmental Protection Council.
Compliance Certificate must be issued, or
denied, apply only to processes and
actions within the Environmental
Management Bureau's (EMB) control and
do
not include actions or activities that are
the responsibility of the proponent.

ARTICLE 1V Section 16. Fines,


Penalties And Sanctions
The EMB Central Office or Regional Office
Directors shall impose penalties upon
persons or entities found violating
provisions of P.D. 1586, and its
Implementing Rules and Regulations.
Details of the Fines and Penalty Structure
shall be covered by a separate order.

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
4. EXECUTIVE ORDER NO. 291 compromising the ability of the future
January 12, 1996 generations to meet their own needs.

IMPROVING THE ENVIRONMENTAL SEC. 2.Simultaneous Conduct of the


IMPACT STATEMENT SYSTEM Environmental Impact Study and
Feasibility Study. To maximize the use of
WHEREAS, the Environmental Impact resources, project proponents are hereby
Statement (EIS) System was established directed to simultaneously conduct the
to facilitate the attainment and environmental impact study and the
maintenance of a rational and orderly feasibility study of the proposed project.
balance between socio-economic growth Proponents are urged to use simultaneous
and environmental protection; conduct of the environmental impact
study and the feasibility study as a
WHEREAS, the integration of the EIS planning tool, with the end in view of
System early into the project development minimizing or managing adverse
cycle would enhance and promote its environmental impacts of the proposed
desired function as a planning tool for activity. lawphi1.net
sustainable economic development and
environmental planning and conservation; SEC. 3.Establishment of In-house
Environmental Units in All Implementing
WHEREAS, it is necessary to further Agencies.
strengthen the Environmental
Management Bureau's and the DENR Consistent with Section 4 (Environmental
Regional Office's capabilities to effectively Impact Statements) of PD 1151 and upon
and efficiently accomplish their mandate approval of the Department of Budget and
in relation to the protection of the Management, National Government
environment, in general, and the EIS agencies, government-owned and
System, in particular; -controlled corporations (GOCCs) and
government financial institutions (GFIs)
WHEREAS, the continued updating and are encouraged to create their respective
improvement of the Philippine EIS System environmental units (EUs). However, all
is vital to expedite the National agencies, whose mandate includes the
Government's efforts to make the delivery introduction of physical plants and
of vital infrastructure to the country faster infrastructure, are required to create their
and be consistent with the principles of respective EUs. The costs attendant to the
sustainable development; establishment of these units shall be
within the respective approved budgetary
WHEREAS, a systematic and cohesive EIS ceilings of the concerned agencies,
System shall ensure that national corporations, and institutions.
development goals are achieved as
planned and without delay; The functions of the above-mentioned
units are as follows:
NOW, THEREFORE, I, FIDEL V. RAMOS,
President of the Philippines, by virtue of i. The EUs of national government
the powers vested in my by law, do agencies and GOCCs shall assist in the
hereby order: preparation of EIS, ensure that their
respective agencies/GOCCs meet the
SECTION 1. Declaration of Policy. It is procedural requirements of the EIS
the policy of the State that optimum System, facilitate the securing of the ECCs
economic development shall be achieved of their respective projects and, upon
without delay and shall be pursued securing the ECC, shall ensure the
consistent with the principles of project's compliance with the conditions of
sustainable development. Hence, the the ECC.
State shall ensure that the present
generation meets its needs without

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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ii. The EUs of the GFIs shall ensure expansion of the EIA Review Committee
that loan or related funding applications of members and setting their honoraria
government and private institutions have within the limits and qualifications set
complied with the EIS System. forth by DBM National Compensation
Circulars.
The Department of Environment and
Natural Resources (DENR) and the SEC. 5.Repealing Clause. All orders,
Environmental Management Bureau (EMB) issuances, circulars, rules and regulations
shall monitor compliance with the ECC, or portions thereof inconsistent with the
and be in-charge of the formulation, provisions of this Executive Order are
dissemination and enforcement of policies hereby repealed or amended.
on environmental standards and
compliance monitoring. SEC. 6. Effectivity. This Order shall take
effect immediately. lawphi1.net
SEC. 4.Continuous Strengthening of the
Environmental Impact Assessment DONE in the City of Manila, this 12th day
Capability of the DENR. of January in the year of Our Lord,
Nineteen Hundred and Ninety-Six.
The importance of environmental impact
assessment in pursuing balanced 5. PD 2146 (See Declaration of
economic growth will have to be Environmentally Critical
supported by continuing efforts to further Projects/Areas) and
upgrade DENR-EMB's and DENR Regional
Office's capabilities to undertake fast and DENR Administrative Order 96-37
efficient review of EIS. These efforts shall (Attached pp1-5)
include but are not limited to the

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